>Violent and criminal actors, particularly those involved in a conspiracy, could potentially make false claims, explaining that they were merely LARPing and not intending to follow through with an attack. For example, after Kaleb Franks was arrested in October 2020 for plotting to abduct Michigan Governor Gretchen Whitmer, he told the FBI he and his compatriots were only LARPing. Franks later pled guilty and testified that this was a lie.5
>Although the history of LARP as a legal defense is narrow, the authors share the concern that it may soon become commonplace. Early attempts at such a strategy have been made by a defendant acting alone6 or in loose cooperation with members of a fantasy group who knew each other only in the virtual world,7 claiming “artistic expression” to excuse threatening language.8
>Violent and criminal actors, particularly those involved in a conspiracy, could potentially make false claims, explaining that they were merely LARPing and not intending to follow through with an attack. For example, after Kaleb Franks was arrested in October 2020 for plotting to abduct Michigan Governor Gretchen Whitmer, he told the FBI he and his compatriots were only LARPing. Franks later pled guilty and testified that this was a lie.5
>Although the history of LARP as a legal defense is narrow, the authors share the concern that it may soon become commonplace. Early attempts at such a strategy have been made by a defendant acting alone6 or in loose cooperation with members of a fantasy group who knew each other only in the virtual world,7 claiming “artistic expression” to excuse threatening language.8